Award a Professional Services Agreement to Gerard J. Quinn & Associates
in an amount not to exceed $25,000 for disaster grant management and recovery
services.

Authorize the Mayor and City Clerk to execute the Agreement with Gerard
J. Quinn & Associates.

Adopt Resolution No. 2005-___, amending Resolution 2005-53, the budget appropriation
for FY 2005-2006, to increase the Emergency Preparedness Program budget for
professional and technical services.

BACKGROUND/DISCUSSION

In January and February, the City sustained severe storm damages throughout
the City and the City began the application process for eligible public assistance
from the appropriate state and federal agencies for emergency response and repair
work performed by City staff and contractors. During this process, staff became
concerned about the high uncertainty for any cost recovery associated with the
expensive Western Avenue storm-damage repair work. Federal assistance agencies
seemed non-committal and some non-responsive to the City’s repeated attempts
for assistance and consideration of the complex and ambiguous circumstances
surrounding the Western Avenue damage. Therefore, staff obtained the professional
services of a disaster management consultant, Gerard J. Quinn, a referral by
Mike Martinet, Executive Director of Area G Disaster Management. Mr. Quinn has
provided valuable assistance to the City through his professional connections
with high-ranking officials and his familiarity with federal disaster assistance
programs.

While the City continues to pursue its options for financial assistance of
the Western Avenue storm damage, staff recommends retaining Mr. Quinn’s professional
services. Mr. Quinn has over 20 years of disaster grant management experience
and his fee is $225 per hour plus expenses. A resume of his work history is
attached for the Council’s review.

The contract has been reviewed by the City Attorney’s Office and is attached
for the Council’s review and approval.

FISCAL IMPACT

The professional service contract is for an amount not to exceed $25,000. To
accommodate this unexpected new expense, a budget adjustment is necessary. There
are general fund reserves available in excess of the policy level. Attached
is the FY05-06 Statement of Estimated General Fund Reserves incorporating the
proposed budget appropriation.

Respectfully submitted,

Gina Park

Assistant to the City Manager

Reviewed,

Les Evans

City Manager

Attachments:

Professional Service Agreement

Resume of Gerard J. Quinn

Resolution 2005-XX

FY 05-06 Statement of Estimated General Fund Reserves

PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT is made and entered into this __ day of October
2005, by and between CITY OF RANCHO PALOS VERDES hereinafter referred to as
"CITY", and GERARD J. QUINN & ASSOCIATES hereafter referred to as "CONSULTANT".

IN CONSIDERATION of the covenants hereinafter set forth, the
parties hereto mutually agree as follows:

ARTICLE 1

SCOPE OF SERVICES

1.2 Description of Services

CONSULTANT shall provide professional services to assist with
the City’s recovery of January and February 2005 storm-disaster expenditures
from outside agencies. Services include, but are not limited to facilitating
communications with key regional, state and federal representatives, recommending
action plans, providing technical assistance in grants management and the application
process, and preparing written correspondence and other documents.

1.3 Schedule of Work

Upon receipt of written Notice to Proceed from the CITY, CONSULTANT
shall perform with due diligence the services requested by the CITY and agreed
on by CONSULTANT. CONSULTANT shall not be responsible for delay, nor shall CONSULTANT
be responsible for damages or be in default or deemed to be in default by reason
of strikes, lockouts, accidents, or acts of God, or the failure of CITY to furnish
timely information or to approve or disapprove CONSULTANT'S work promptly, or
delay or faulty performance by CITY, other contractors, or governmental agencies,
or any other delays beyond CONSULTANT'S control or without CONSULTANT'S fault.

ARTICLE 2

COMPENSATION

2.1 Fee

CITY agrees to compensate CONSULTANT a not to exceed amount
of $25,000 for professional guidance to recover disaster assistance funds. The
CONSULTANT'S fee is $225 per hour plus expenses.

2.2 Payment Address

All payments due CONSULTANT shall be paid to:

Gerard J. Quinn & Associates

705-2 East Bidwell Street, #101

Folsom, Ca., 95630-3315

2.3 Terms of Compensation

CONSULTANT will submit invoices monthly for work completed
in the previous month. CITY agrees to pay all undisputed invoice amounts within
thirty (30) days of receipt of the invoice. CITY agrees to use its best efforts
to notify CONSULTANT of any disputed invoice amounts within ten (10) days of
the receipt of each invoice. However, CITY's failure to timely notify CONSULTANT
of a disputed amount shall not be deemed a waiver of CITY's right to challenge
such amount.

Additionally, in the event CITY fails to pay any undisputed
amounts due CONSULTANT within forty-five (45) days after invoices are received
by CITY then CITY agrees that CONSULTANT shall have the right to consider said
default a total breach of this Agreement and may be terminated by CONSULTANT
without liability to CONSULTANT upon ten (10) working days advance written notice
to CITY.

ARTICLE 3

INDEMNIFICATION AND INSURANCE

3.1 Indemnification

CONSULTANT will defend, indemnify and hold harmless CITY, its
Boards and its officers, employees and agents (collectively "CITY"), against
any claim, loss or liability that arises because of the sole or primary negligence
or willful misconduct of CONSULTANT, its agents, officers, directors or employees,
in performing any of the services under this Agreement.

3.2 Worker's Compensation

CONSULTANT agrees to maintain in force at all times during
the performance of work under this Agreement worker's compensation insurance
as required by the law.

3.3 Automobile Insurance

CONSULTANT agrees to maintain in force at all times during
the performance of work under this Agreement automobile insurance as required
by the law.

3.4 Notice of Cancellation

CONSULTANT agrees that if it does not keep the aforesaid insurance
in full force and effect, CITY may either immediately terminate this Agreement
or, if insurance is available at a reasonable cost, CITY may take out the necessary
insurance and pay, at CONSULTANT's expense, the premium thereon.

3.5 Certificate of Insurance

At all times during the term of this Agreement, CONSULTANT
shall maintain on file with the CITY Clerk a certificate of insurance showing
that the aforesaid policies are in effect in the required amounts.

3.6 Primary Coverage

The commercial general liability insurance provided by CONSULTANT
shall be primary to any coverage available to CITY.

ARTICLE 4

TERMINATION

4.1 Termination of Agreement

(a) This Agreement may be terminated at any time, with or
without cause, by either party upon sixty (60) days prior written notice. Notice
shall be deemed served upon deposit in the United States Mail of a certified
or registered letter, postage prepaid, return receipt requested, addressed to
the other party, or upon personal service of such notice to the other party,
at the address set forth in Article 6.10.

(b) In the event of termination or cancellation of this
Agreement by CONSULTANT or CITY, due to no fault or failure of performance by
CONSULTANT, CONSULTANT shall be paid compensation for all services performed
by CONSULTANT for work done in accordance with the terms and provisions of this
Agreement at the hourly rate specified in Article 2.1, prior to the effective
date of termination or cancellation; provided, in no event shall the amount
of money paid under the foregoing provisions of this paragraph exceed the total
amount that would have been paid to CONSULTANT for the full performance of the
services described in Article 2.1.

ARTICLE 5

OWNERSHIP OF DOCUMENTS

5.1 Ownership of Documents and Work Product

All plans, specifications, reports and other design documents
prepared by CONSULTANT pursuant to this Agreement are instruments of service,
which shall be deemed the property of the CITY. CITY acknowledges and agrees
that all plans, specifications, reports and other design documents prepared
by CONSULTANT pursuant to this Agreement shall be used exclusively on this Project
and shall not be used for any other work without the written consent of CONSULTANT.
In the event CITY and CONSULTANT permit the reuse or other use of the reports
or other documents, CITY shall require the party using them to indemnify and
hold harmless CITY and CONSULTANT regarding such reuse or other use, and CITY
shall require the party using them to eliminate any and all references to CONSULTANT
from the plans, specifications, reports and other design documents. If a document
is prepared by CONSULTANT on a computer, CONSULTANT shall prepare such document
in a Microsoft® Word 2000 or lower format; in addition, CONSULTANT shall
provide CITY with said document both in a printed format and a compact disc.

ARTICLE 6

GENERAL PROVISIONS

6.1 Representation

CITY representative, Les Evans, City Manager, and CONSULTANT’s
representative, Gerard J. Quinn, President, are designated as the primary contact
person for each party regarding performance of this Agreement.

6.2 Fair Employment Practices/Equal Opportunity Acts

In the performance of this Agreement, CONSULTANT shall comply
with all applicable provisions of the California Fair Employment Practices Act
(California Government Code Sections 12940-48) and the applicable equal employment
provisions of the Civil Rights Act of 1964 (42 U.S.C. 200e-217), and the Americans
with Disabilities Act of 1992 (42 U.S.C. § 11200, et seq.).

6.3 Personnel

CONSULTANT represents that it has, or shall secure at its own
expense, all personnel required to perform CONSULTANT's services under this
Agreement. CONSULTANT shall make reasonable efforts to maintain the continuity
of CONSULTANT's staff that are assigned to perform the services hereunder and
shall obtain the approval of the City Manager of all proposed staff members
who will perform such services. CONSULTANT may associate with or employ associates
or subconsultants in the performance of its services under this Agreement, but
at all times shall be responsible for their services.

6.4 Conflicts of Interest

CONSULTANT agrees not to accept any employment or representation
during the term of this Agreement or within twelve (12) months after completion
of the work under this Agreement which is or may likely make CONSULTANT "financially
interested" (as provided in California Government Code Section 1090 and 87100)
in any decisions made by CITY on any matter in connection with which CONSULTANT
has been retained pursuant to this Agreement.

6.5 Legal Action

(a) Should either party to this Agreement bring legal action
against the other, the case shall be brought in a court of competent jurisdiction
in Los Angeles County, California, and the party prevailing in such action shall
be entitled to recover its costs of litigation, including reasonable attorneys'
fee which shall be fixed by the judge hearing the case and such fee shall be
included in the judgment.

(b) Should any legal action about the Project between CITY
and a party other than CONSULTANT require the testimony of CONSULTANT when there
is no allegation that CONSULTANT was negligent, CITY shall compensate CONSULTANT
for its testimony and preparation to testify at the hourly rates in effect at
the time of such testimony.

6.6 Assignment

This Agreement shall not be assignable by either party without
the prior written consent of the other party.

Notwithstanding the above, CONSULTANT may use the services
of persons and entities not in CONSULTANT'S direct employ, when it is appropriate
and customary to do so. CONSULTANT'S use of subcontractors for additional services
shall not be unreasonably restricted by the CITY, provided CONSULTANT notifies
the CITY in advance.

6.7 Independent Contractor

CONSULTANT is and shall at all times remain, as to the CITY,
a wholly independent CONTRACTOR. Neither the CITY nor any of its agents shall
have control over the conduct of CONSULTANT or any of the CONSULTANT's employees,
except as herein set forth. CONSULTANT expressly warrants not to, at any time
or in any manner, represent that it, or any of its agents, servants or employees,
are in any manner agents, servants or employees of CITY, it being distinctly
understood that CONSULTANT is, and shall at all times remain to CITY, a wholly
independent contractor and CONSULTANT's obligations to CITY are solely such
as are prescribed by this Agreement.

6.8 Titles

The titles used in this Agreement are for general reference
only and are not part of the Agreement.

6.9 Extent of Agreement

This Agreement represents the entire and integrated Agreement
between CITY and CONSULTANT and supersedes all prior negotiations, representations
or agreements, either written or oral. This Agreement may be modified or amended
only by a subsequent written agreement signed by both parties.

6.10 Notices

All notices pertaining to this Agreement shall be in writing
and addressed as follows:

If to CONSULTANT:

Gerard J. Quinn, President

Gerard J. Quinn & Associates

705-2 East Bidwell Street, #101

Folsom, Ca., 95630

If to CITY:

Les Evans, City Manager

City of Rancho Palos Verdes

30940 Hawthorne Blvd.

Rancho Palos Verdes, CA 90275

IN WITNESS WHEREOF, the parties hereto have executed this Agreement
as of the date and year first above written.

Dated: __________________ GERARD L. QUINN & ASSOCIATES

By: _____________________________

Gerard L. Quinn, President

Dated: ___________________ CITY OF RANCHO PALOS VERDES

By: ____________________________

Mayor

ATTEST:

________________________________

City Clerk

RESOLUTION NO. 2005- XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING
RESOLUTION 2005-53, THE BUDGET APPROPRIATION FOR FY05-06, TO INCREASE THE EMERGENCY
PREPAREDNESS PROGRAM BUDGET FOR PROFESSIONAL AND TECHNICAL SERVICES

WHEREAS, Section 3.32 of the Rancho Palos Verdes Municipal Code provides that
all expenditures in excess of budgeted allocations must be by supplemental appropriation
of the City Council;

WHEREAS, on May 31, 2005, the City Council of the City of Rancho Palos Verdes
adopted Resolution 2005-53, approving a spending plan and authorizing a budget
appropriation for FY05-06;

WHEREAS, the City Council wishes to protect the best interests of the City
by retaining the professional services of a disaster management consultant to
assist in the City’s cost recovery of 2005 disaster-storm damages at a cost
not to exceed $25,000; and

WHEREAS, a budget increase in the General Fund is necessary to authorize expenditures
for the aforementioned services.

BE IT, THEREFORE, RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES:

Section One. The following increase be made to the General Fund FY05-06
budget:

I, Carolynn Petru, City Clerk of The City of Rancho Palos Verdes, hereby certify
that the above Resolution No. 2005- was duly and regularly passed and adopted
by the said City Council at regular meeting thereof held on October 4, 2005.